[House Report 107-316]
[From the U.S. Government Publishing Office]
107th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 107-316
======================================================================
JAMES PEAK WILDERNESS AND PROTECTION AREA ACT
_______
December 5, 2001.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Hansen, from the Committee on Resources, submitted the following
R E P O R T
[To accompany H.R. 1576]
[Including cost estimate of the Congressional Budget Office]
The Committee on Resources, to whom was referred the bill
(H.R. 1576) to designate the James Peak Wilderness and
Protection Area in the Arapaho and Roosevelt National Forests
in the State of Colorado, and for other purposes, having
considered the same, report favorably thereon with an amendment
and recommend that the bill as amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``James Peak Wilderness and Protection
Area Act''.
SEC. 2. WILDERNESS DESIGNATION.
(a) Inclusion With Other Colorado Wilderness Areas.--Section 2(a)
of the Colorado Wilderness Act of 1993 (Public Law 103-77; 107 Stat.
756; 16 U.S.C. 1132 note) is amended by adding at the end the following
new paragraph:
``(21) Certain lands in the Arapaho/Roosevelt National Forest which
comprise approximately 14,000 acres, as generally depicted on a map
entitled `Proposed James Peak Wilderness', dated September 2001, and
which shall be known as the James Peak Wilderness.''.
(b) Addition to the Indian Peaks Wilderness Area.--Section 3 of the
Indian Peaks Wilderness Area and Arapaho National Recreation Area and
the Oregon Islands Wilderness Area Act (Public Law 95-450; 92 Stat.
1095; 16 U.S.C. 1132 note) is amended by adding at the end the
following new subsections:
``(c) The approximately 2,232 acres of Federal lands in the
Arapaho/Roosevelt National Forest generally depicted on the map
entitled `Ranch Creek Addition to Indian Peaks Wilderness' dated
September 2001, are hereby added to the Indian Peaks Wilderness Area.
``(d) The approximately 963 acres of Federal lands in the Arapaho/
Roosevelt National Forest generally depicted on the map entitled
`Fourth of July Addition to Indian Peaks Wilderness' dated September
2001, are hereby added to the Indian Peaks Wilderness Area.''.
(c) Maps and Boundary Descriptions.--As soon as practicable after
the date of the enactment of this Act, the Secretary of Agriculture
(hereafter in this Act referred to as the ``Secretary'') shall file
with the Committee on Resources of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate a map and a
boundary description of the area designated as wilderness by subsection
(a) and of the area added to the Indian Peaks Wilderness Area by
subsection (b). The maps and boundary descriptions shall have the same
force and effect as if included in the Colorado Wilderness Act of 1993
and the Indian Peaks Wilderness Area and Arapaho National Recreation
Area and the Oregon Islands Wilderness Area Act, respectively, except
that the Secretary may correct clerical and typographical errors in the
maps and boundary descriptions. The maps and boundary descriptions
shall be on file and available for public inspection in the office of
the Chief of the Forest Service, Department of Agriculture and in the
office of the Forest Supervisor of the Arapaho/Roosevelt National
Forest.
SEC. 3. DESIGNATION OF JAMES PEAK PROTECTION AREA, COLORADO.
(a) Findings and Purpose.--
(1) Findings.--The Congress finds the following:
(A) The lands covered by this section include
important resources and values, including wildlife
habitat, clean water, open space, and opportunities for
solitude.
(B) These lands also include areas that are suitable
for recreational uses, including use of snowmobiles in
times of adequate snow cover as well as use of other
motorized and nonmotorized mechanical devices.
(C) These lands should be managed in a way that
affords permanent protection to their resources and
values while permitting continued recreational uses in
appropriate locales and subject to appropriate
regulations.
(2) Purpose.--The purpose of this section is to provide for
management of certain lands in the Arapaho/Roosevelt National
Forest in a manner consistent with the 1997 Revised Land and
Resources Management Plan for this forest in order to protect
the natural qualities of these areas.
(b) Designation.--The approximately 16,000 acres of land in the
Arapaho/Roosevelt National Forest generally depicted on the map
entitled ``Proposed James Peak Protection Area'', dated September 2001,
are hereby designated as the James Peak Protection Area (hereafter in
this Act referred to as the ``Protection Area'') .
(c) Map and Boundary Description.--As soon as practicable after the
date of the enactment of this Act, the Secretary shall file with the
Committee on Resources of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate a map and a
boundary description of the Protection Area. The map and boundary
description shall have the same force and effect as if included in this
Act, except that the Secretary may correct clerical and typographical
errors in the map and boundary description. The map and boundary
description shall be on file and available for public inspection in the
office of the Chief of the Forest Service, Department of Agriculture,
and in the office of the Forest Supervisor of the Arapaho/Roosevelt
National Forest.
(d) Management.--
(1) In general.--Except as otherwise provided in this
section, the Protection Area shall be managed and administered
by the Secretary in the same manner as the management area
prescription designations identified for these lands in the
1997 Revision of the Land and Resource Management Plan for the
Arapaho/Roosevelt National Forest and the Pawnee National
Grasslands. Such management and administration shall be in
accordance with the following:
(A) Grazing.--Nothing in this Act, including the
establishment of the Protection Area, shall affect
grazing on lands within or outside of the Protection
Area.
(B) Mining withdrawal.--Subject to valid existing
rights, all Federal land within the Protection Area and
all land and interests in land acquired for the
Protection Area by the United States are withdrawn
from--
(i) all forms of entry, appropriation, or
disposal under the public land laws;
(ii) location, entry, and patent under the
mining laws; and
(iii) the operation of the mineral leasing,
mineral materials, and geothermal leasing laws,
and all amendments thereto.
Nothing in this subparagraph shall be construed to
affect discretionary authority of the Secretary under
other Federal laws to grant, issue, or renew rights-of-
way or other land use authorizations consistent with
the other provisions of this Act.
(C) Motorized and mechanized travel.--
(i) Review and inventory.--Not later than two
years after the date of the enactment of this
Act, the Secretary, in consultation with
interested parties, shall complete a review and
inventory of all roads and trails in the
Protection Area on which use was allowed on
September 10, 2001, except those lands managed
under the management prescription referred to
in subparagraph (F). During the review and
inventory, the Secretary may--
(I) connect existing roads and trails
in the inventoried area to other
existing roads and trails in the
inventoried area for the purpose of
mechanized and other nonmotorized use
on any lands within the Protection Area
as long as there is no net gain in the
total mileage of either roads or trails
open for public use within the
Protection Area; and
(II) close or remove roads or trails
within the Protection Area that the
Secretary determines to be undesirable,
except those roads or trails managed
pursuant to paragraph (2) of this
subsection or subsection (e)(3).
(ii) After completion of inventory.--After
completion of the review and inventory required
by clause (i), the Secretary shall ensure that
motorized and mechanized travel within the
Protection Area shall be permitted only on
those roads and trails identified as open to
use in the inventory or established pursuant to
subparagraph (D).
(D) New roads and trails.--No new roads or trails
shall be established within the Protection Area except
those which the Secretary shall establish as follows:
(i) Roads and trails established to replace
roads or trails of the same character and scope
which have become nonserviceable through
reasons other than neglect.
(ii) Nonpermanent roads as needed for
hazardous fuels reduction or other control of
fire, insect or disease control projects, or
other management purposes.
(iii) Roads determined to be appropriate for
reasonable access under section 4(b)(2).
(iv) A loop trail established pursuant to
section 6.
(v) Construction of a trail for nonmotorized
use following the corridor designated as the
Continental Divide Trail.
(E) Timber harvesting.--No timber harvesting shall be
allowed within the Protection Area except to the extent
needed for hazardous fuels reduction or other control
of fire, insect or disease control projects, or
protection of public health or safety.
(F) Special interest area.--The management
prescription applicable to the lands described in the
1997 Revision of the Land and Resource Management Plan
as the James Peak Special Interest Area shall also be
applicable to all the lands in the Protection Area that
are bounded on the north by Rollins Pass Road, on the
east by the Continental Divide, and on the west by the
11,300 foot elevation contour as shown on the map
referred to in subsection (b). In addition, motorized
vehicle use shall not be permitted on any part of the
Rogers Pass trail.
(2) Natural gas pipeline.--The Secretary shall allow for
maintenance of rights-of-ways and access roads located within
the Protection Area to the extent necessary to operate the
natural gas pipeline permitted under the Arapaho/Roosevelt
National Forest master permit numbered 4138.01 in a manner that
avoids negative impacts on public safety and allows for
compliance with Federal pipeline safety requirements. Such
maintenance may include vegetation management, road
maintenance, ground stabilization, and motorized vehicle
access.
(3) Permanent federal ownership.--All right, title, and
interest of the United States, held on or acquired after the
date of the enactment of this Act, to lands within the
boundaries of the Protection Area shall be retained by the
United States.
(e) Issues Related to Water.--
(1) Statutory construction.--
(A) Nothing in this Act shall constitute or be
construed to constitute either an express or implied
reservation of any water or water rights with respect
to the lands within the Protection Area.
(B) Nothing in this Act shall affect any conditional
or absolute water rights in the State of Colorado
existing on the date of the enactment of this Act.
(C) Nothing in this subsection shall be construed as
establishing a precedent with regard to any future
protection area designation.
(D) Nothing in this Act shall be construed as
limiting, altering, modifying, or amending any of the
interstate compacts or equitable apportionment decrees
that apportion water among and between the State of
Colorado and other States.
(2) Colorado water law.--The Secretary shall follow the
procedural and substantive requirements of the law of the State
of Colorado in order to obtain and hold any new water rights
with respect to the Protection Area.
(3) Water infrastructure.--Nothing in this Act (including the
provisions related to establishment or management of the
Protection Area) shall affect, impede, interfere with, or
diminish the operation, existence, access, maintenance,
improvement, or construction of water facilities and
infrastructure, rights-of-way, or other water-related property,
interests, and uses, (including the use of motorized vehicles
and equipment existing or located on lands within the
Protection Area) on any lands except those lands managed under
the management prescription referred to in subsection
(d)(1)(F).
SEC. 4. INHOLDINGS.
(a) State Land Board Lands.--If the Colorado State Land Board informs
the Secretary that the Board is willing to transfer to the United
States some or all of the lands owned by the Board located within the
Protection Area, the Secretary shall promptly seek to reach agreement
with the Board regarding terms and conditions for acquisition of such
lands by the United States by purchase or exchange.
(b) Jim Creek Inholding.--
(1) Acquisition of lands.--The Secretary shall enter into
negotiations with the owner of lands located within the portion
of the Jim Creek drainage within the Protection Area for the
purpose of acquiring the lands by purchase or exchange, but the
United States shall not acquire such lands without the consent
of the owner of the lands.
(2) Landowner rights.--Nothing in this Act shall affect any
rights of the owner of lands located within the Jim Creek
drainage within the Protection Area, including any right to
reasonable access to such lands by motorized or other means as
determined by the Forest Service and the landowner consistent
with applicable law and relevant and appropriate rules and
regulations governing such access.
(c) Report.--
(1) In general.--The Secretary shall submit to the Committee
on Resources of the House of Representatives and the Committee
on Energy and Natural Resources of the Senate a report
concerning any agreement or the status of negotiations
conducted pursuant to--
(A) subsection (a), upon conclusion of an agreement
for acquisition by the United States of lands referred
to in subsection (a), or 1 year after the date of the
enactment of this Act, whichever occurs first; and
(B) subsection (b), upon conclusion of an agreement
for acquisition by the United States of lands referred
to in subsection (b), or 1 year after the date of the
enactment of this Act, whichever occurs first.
(2) Funding information.--The report required by this
subsection shall indicate to what extent funds are available to
the Secretary as of the date of the report for the acquisition
of the relevant lands and whether additional funds need to be
appropriated or otherwise made available to the Secretary for
such purpose.
(d) Management of Acquisitions.--Any lands within the James Peak
Wilderness or the Protection Area acquired by the United States after
the date of the enactment of this Act shall be added to the James Peak
Wilderness or the Protection Area, respectively, and managed
accordingly.
SEC. 5. JAMES PEAK FALL RIVER TRAILHEAD.
(a) Services and Facilities.--Following the consultation required by
subsection (c), the Forest Supervisor of the Arapaho/Roosevelt National
Forest in the State of Colorado (in this section referred to as the
``Forest Supervisor'') shall establish a trailhead and corresponding
facilities and services to regulate use of National Forest System lands
in the vicinity of the Fall River basin south of the communities of
Alice Township and St. Mary's Glacier in the State of Colorado. The
facilities and services shall include the following:
(1) Trailhead parking.
(2) Public restroom accommodations.
(3) Trailhead and trail maintenance.
(b) Personnel.--The Forest Supervisor shall assign Forest Service
personnel to provide appropriate management and oversight of the area
described in subsection (a).
(c) Consultation.--The Forest Supervisor shall consult with the Clear
Creek County commissioners and with residents of Alice Township and St.
Mary's Glacier regarding--
(1) the appropriate location of facilities and services in
the area described in subsection (a); and
(2) appropriate measures that may be needed in this area--
(A) to provide access by emergency or law enforcement
vehicles;
(B) for public health; and
(C) to address concerns regarding impeded access by
local residents.
(d) Report.--After the consultation required by subsection (c), the
Forest Supervisor shall submit to the Committee on Resources and the
Committee on Appropriations of the House of Representatives and the
Committee on Energy and Natural Resources and the Committee on
Appropriations of the Senate a report regarding the amount of any
additional funding required to implement this section.
SEC. 6. LOOP TRAIL STUDY; AUTHORIZATION.
(a) Study.--Not later than three years after funds are first made
available for this purpose, the Secretary, in consultation with
interested parties, shall complete a study of the suitability and
feasibility of establishing, consistent with the purpose set forth in
section 3(a)(2), a loop trail for mechanized and other nonmotorized
recreation connecting the trail designated as ``Rogers Pass'' and the
trail designated as ``Rollins Pass Road''.
(b) Establishment.--If the results of the study required by
subsection (a) indicate that establishment of such a loop trail would
be suitable and feasible, consistent with the purpose set forth in
section 3(a)(2), the Secretary shall establish the loop trail in a
manner consistent with that purpose.
SEC. 7. OTHER ADMINISTRATIVE PROVISIONS.
(a) Buffer Zones.--The designation by this Act or by amendments made
by this Act of wilderness areas and the Protection Area in the State of
Colorado shall not create or imply the creation of protective
perimeters or buffer zones around any wilderness area or the Protection
Area. The fact that nonwilderness activities or uses can be seen or
heard from within a wilderness area or Protection Area shall not, of
itself, preclude such activities or uses up to the boundary of the
wilderness area or the Protection Area.
(b) Rollins Pass Road.--If requested by one or more of the Colorado
Counties of Grand, Gilpin, and Boulder, the Secretary shall provide
technical assistance and otherwise cooperate with respect to repairing
the Rollins Pass road in those counties sufficiently to allow two-
wheel-drive vehicles to travel between Colorado State Highway 119 and
U.S. Highway 40. If this road is repaired to such extent, the Secretary
shall close the motorized roads and trails on Forest Service land
indicated on the map entitled ``Rollins Pass Road Reopening: Attendant
Road and Trail Closures'', dated September 2001.
SEC. 8. WILDERNESS POTENTIAL.
(a) In General.--Nothing in this Act shall preclude or restrict the
authority of the Secretary to evaluate the suitability of lands in the
Protection Area for inclusion in the National Wilderness Preservation
System or to make recommendations to Congress for such inclusion.
(b) Evaluation of Certain Lands.--In connection with the first
revision of the land and resources management plan for the Arapaho/
Roosevelt National Forest after the date of the enactment of this Act,
the Secretary shall evaluate the suitability of the lands managed under
the management prescription referred to in section 3(d)(1)(F) for
inclusion in the National Wilderness Preservation System and make
recommendations to Congress regarding such inclusion.
Purpose of the Bill
The purpose of H.R. 1576 is to designate the James Peak
Wilderness and Protection Area in the Arapaho and Roosevelt
National Forests in the State of Colorado, and for other
purposes.
Background and Need for Legislation
The 13,294-foot James Peak is the predominant feature in a
26,000-acre roadless area within the Arapaho-Roosevelt National
Forest, just north and east of Berthoud Pass. The James Peak
roadless area straddles the Continental Divide in four counties
(Gilpin, Clear Creek, Boulder and Grand). The lands in Gilpin,
Clear Creek and Boulder Counties are within the borders of
Congressman Mark Udall's district, while the portion in Grand
County falls in Congressman Scott McInnis' district. The area
offers outstanding recreational opportunities for hiking,
skiing, fishing, and backpacking, including the popular South
Boulder Creek trail and the Continental Divide National Scenic
Trail. It also includes the historic Rollins Pass Road that
provides access for mechanized and motorized recreation in the
area. James Peak is one of the highest-rated areas for
biological diversity in the entire Arapaho National Forest,
including unique habitat for wildlife, miles of riparian
corridors, stands of old growth forests, and threatened and
endangered species. The area includes a dozen spectacularly
situated alpine lakes, including Forest Lakes, Arapaho Lakes,
and Heart Lake.
In the 105th Congress, former Congressman David Skaggs and
in the 106th Congress, Congressman Mark Udall introduced bills
seeking to designate 22,000 acres in the James Peak area as
wilderness. Citing Grand County's repeated expressions of
opposition to the measure, however, most members of the
Colorado Congressional delegation were unwilling to lend their
support to the legislation. H.R. 1576 represents a compromise
agreement that designates wilderness and creates a ``Protection
Area'' for other parts of James Peak.
Committee Action
H.R. 1576 was introduced on April 24, 2001, by Congressman
Mark Udall (D-CO). The bill was referred to the Committee on
Resources, and within the Committee to the Subcommittee on
Forests and Forest Health. On July 26, 2001, the Subcommittee
held a hearing on the bill. On October 3, 2001, the Full
Resources Committee met to consider the bill. The Subcommittee
was discharged from further consideration of the measure by
unanimous consent. Congressman Scott McInnis (R-CO) offered an
amendment in the nature of a substitute to designate those
segments of the James Peak Area in Clear Creek, Gilpin and
Boulder Counties as wilderness (as called for in H.R. 1576 as
introduced); designate the 18,000 acres in Grand County as a
Protection Area, locking-in the existing management plan which
provides substantial protections for the landscape; eliminate
provisions in H.R. 1576 that would designate 8,000 acres within
the Protection Area as a Wilderness Study Area; direct the U.S.
Forest Service to reevaluate during the next revision to the
relevant Forest Plan the wilderness suitability of those
Protection Area lands that H.R. 1576 would designate as a
Wilderness Study Area; withdraw the Protection Area from
mineral and mining entry, subject to existing rights, while
prohibiting timber harvesting except for hazardous fuels
treatment; generally prohibiting the construction of new roads
(with certain narrowly drawn exceptions) while protecting
existing motorized and mechanized routes in the Protection
Area; protect access rights to water facilities and
infrastructure in Protection Area; and create stringent
safeguards for implicated water rights in the Protection Area
by requiring the Forest Service to acquire any new water rights
under the procedural and substantive requirements of Colorado
water law. The amendment was adopted by voice vote. The bill,
as amended, was then ordered favorably reported to the House of
Representatives by voice vote.
Section-by-Section Analysis
Section 1. Short title
Section 1 provides a short title for the bill, the ``James
Peak Wilderness and Protection Area Act.''
Section 2. Wilderness designation
Section 2 amends two existing wilderness laws, the Colorado
Wilderness Act of 1993 (Public Law 103-77) and the Indian Peaks
Wilderness Area and Arapaho National Recreation Act and the
Oregon Islands Wilderness Area Act (Public Law 95-450). The
amendments designate about 14,000 acres in Boulder, Clear
Creek, and Gilpin Counties, Colorado, as the ``James Peak
Wilderness'' and enlarge the Indian Peaks Wilderness by 3,195
acres.
Section 3. Designation of the James Peak Protection Area, Colorado
Section 3 designates about 16,000 acres of national forest
land as the ``James Peak Protection Area''. Except as provided
in this section, the Protection Area is to be managed in
accordance with the relevant management prescriptions
identified in the 1997 revision of the forest plan for the
Arapaho/Roosevelt National Forest. The principal exceptions
specified in the section cover four areas. First, the entire
Protection Area is withdrawn, subject to valid existing rights,
from all forms of appropriation or disposal under the public
land laws as well as from location, entry, and patent under the
mining laws and from operation of the mineral leasing, mineral
materials, and geothermal leasing laws. Second, the entire
Protection Area is closed to timber harvesting except to the
extent needed for insect or disease control projects, hazardous
fuel reduction or other measures for control of fire, or
protection of public health and safety. Third, the United
States retains all right, title, and interest in lands within
the boundaries of the Protection Area, including those held as
of the date of enactment and those acquired thereafter. Fourth,
the ``special interest area'' management prescriptions
identified in the forest plan as applicable to certain lands
are also made applicable to additional contiguous lands, as
indicated on a referenced map of the Protection Area. Together,
these lands add up to about 7,000 acres.
Section 3 also includes provisions specifically related to
use of lands within the Protection Area by motorized and
mechanized vehicles. Subsection 3(d)(1)(C) provides for a
review and inventory of existing roads and trails in a portion
of the Protection Area where use was officially allowed by the
Forest Service on September 10, 2001. Lands subject to the
``special interest area'' management prescriptions are excluded
from this process. The Committee intends that inthe conduct of
this review and inventory the Forest Service should involve the public
so that all interested groups and individuals are consulted and
included in this process. The review and inventory are to be completed
within two years after enactment of the bill, and during that period
the Forest Service is authorized to connect existing roads and trails
subject to the review and inventory to other existing roads and trails
in the Area, so long as there is no net gain in the mileage of either
roads or trails open to public use in the Protection Area. The purpose
of this authorization is to enable the Forest Service to provide a more
functional and ecologically sound but not more extensive network of
transportation routes in this part of the Protection Area. Subsection
3(d)(1)(C) also authorizes closure or removal of existing roads or
trails anywhere in the Protection Area that the Forest Service
determines to be undesirable, except as specified in subsection 3(d)(2)
or subsection 3(e)(3). The Committee intends that roads and trails
closed under this authority will be removed and revegetated in a way
that assures their full rehabilitation and restricts them from further
use. Subsection 3(d)(1)(D) prohibits the establishment of new roads or
trails in the Protection Area, subject to certain specified exceptions,
including an allowance for nonpermanent roads and trails that will be
retained only for the period needed for temporary management purposes.
Subsection 3(d)(e) deals with the relationship between the
Protection Area and water rights. The subsection specifies that
the bill: (1) does not constitute an express or implied
reservation of any water or water rights with respect to lands
in the Protection Area; (2) will not affect any existing water
rights in Colorado; (3) will not limit, alter, modify, or amend
any interstate compacts or equitable apportionment decrees that
apportion water among and between Colorado and other States,
and (4) does not constitute a precedent with respect to any
future Protection Area designation. The subsection also
requires the Secretary of Agriculture to follow Colorado law to
obtain any new water rights with respect to the Protection
Area, and explicitly states (in paragraph (3)) that the bill
will have no effect on existing water facilities or
infrastructure, or associated water-related property,
interests, and uses, in the portion of the Protection Area not
subject to the ``special interest area'' management
prescriptions. The Committee intends that nothing in this bill
shall affect access to and through the east and west portals of
the Moffat Tunnel.
Section 4. Inholdings
Section 4 addresses non-federal lands located within the
Protection Area. It provides for acquisition of any such lands
by the United States by purchase or exchange with the consent
of the owner, a report to Congress concerning the status of
negotiations toward that end, and for management of any such
lands as part of the Protection Area upon their acquisition by
the United States.
Section 5. James Peak Fall River Trailhead
Section 5 directs the Forest Service to locate a new
trailhead and appropriate attendant facilities in the Fall
River basin area southeast of the James Peak Wilderness Area.
The Forest Service is to consult with Clear Creek County, local
communities and the interested public on the location and
establishment of this trailhead. The purpose of this trailhead
is to provide access to this region of the James Peak
Wilderness Area while also alleviating impacts to the
communities of Alice Township and St. Mary's Glacier from
wilderness use and recreation.
Section 6. Loop Trail study; authorization
Section 6 directs the Forest Service to undertake a study
to determine if it would be both feasible and desirable to
establish within the Protection Area a loop trail for non-
motorized recreational use that would connect the existing
Rogers Pass trail and the existing Rollins Pass road. This
study is to be done in consultation with interest parties,
which the Committee intends will result in a thorough public-
involvement process. The Committee notes that neither this
section nor the provisions for review and inventory in section
3(d)(1)(C) presume that mechanized recreation will be permitted
on the existing Rogers Pass trail. Instead, ultimate decisions
regarding such use and management will be made by the Forest
Service consistent with the 1997 forest plan and the provisions
of the bill.
Section 7. Other administrative provisions
Subsection 7(a) specifies that the bill's designation of
wilderness will not result in the creation of buffer zones
outside the boundaries of the wilderness areas. Subsection 7(b)
provides for technical assistance with respect to repair of the
Rollins Pass road, if requested by one or more of the affected
Counties. The Committee intends that if the Rollins Pass road
is reopened, the cut-offs, bypasses and detours that have been
created by motorized and mechanized vehicles are to be closed
so that the impacts caused by these detours are halted and the
affected lands can recover and be restored to their natural
character.
Section 8. Wilderness potential
Subsection 8(a) makes clear that nothing in the bill will
preclude or restrict the authority of the Secretary of
Agriculture to evaluate the suitability of lands in the
Protection Area for future wilderness designation or to make
recommendations to Congress for such designation at any time.
Subsection 8(b) specifies that such evaluation of the part of
the Protection Area subject to ``special interest area''
management prescriptions shall be done in connection with the
first revision of the relevant forest plan after the date of
enactment of the bill.
Committee Oversight Findings and Recommendations
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Resources' oversight findings and recommendations
are reflected in the body of this report.
Constitutional Authority Statement
Article I, section 8 of the Constitution of the United
States grants Congress the authority to enact this bill.
Compliance With House Rule XIII
1. Cost of Legislation.--Clause 3(d)(2) of rule XIII of the
Rules of the House of Representatives requires an estimate and
a comparison by the Committee of the costs which would be
incurred in carrying out this bill. However, clause 3(d)(3)(B)
of that Rule provides that this requirement does not apply when
the Committee has included in its report a timely submitted
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974.
2. Congressional Budget Act.--As required by clause 3(c)(2)
of rule XIII of the Rules of the House of Representatives and
section 308(a) of the Congressional Budget Act of 1974, this
bill does not contain any new budget authority, spending
authority, credit authority, or an increase or decrease in tax
expenditures. According to the Congressional Budget Office,
enactment of this bill could result in a loss of offsetting
receipts but this would amount to less than $15,000 a year.
3. General Performance Goals and Objectives.--This bill
does not authorize funding and therefore, clause 3(c)(4) of
rule XIII of the Rules of the House of Representatives does not
apply.
4. Congressional Budget Office Cost Estimate.--Under clause
3(c)(3) of rule XIII of the Rules of the House of
Representatives and section 403 of the Congressional Budget Act
of 1974, the Committee has received the following cost estimate
for this bill from the Director of the Congressional Budget
Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, November 7, 2001.
Hon. James V. Hansen,
Committee on Resources,
House of Reprentatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 1576, the James
Peak Wilderness and Protection Area Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Megan
Carroll.
Sincerely,
Barry B. Anderson
(For Dan L. Crippen, Director).
Enclosure.
H.R. 1576--James Peak Wilderness and Protection Area Act
H.R. 1576 would reclassify about 33,195 acres of lands
within the Arapaho and Roosevelt National Forests located in
Colorado and administered by the Forest Service. CBO estimates
that implementing H.R. 1576 would cost about $600,000 over the
next two years. The bill could affect direct spending
(including offsetting receipts); therefore, pay-as-you-go
procedures would apply, but we estimate that any such effects
would not exceed $15,000 in any year. H.R. 1576 contains no
intergovernmental or private-sector mandates as defined in the
Unfunded Mandates Reform Act and would have no significant
impact on the budgets of state, local, or tribal governments.
H.R. 1576 would designate as wilderness about 17,195 acres
of federal lands within the Arapaho and Roosevelt National
Forests in Colorado. The bill also would designate 16,000 acres
of other lands within those forests as the James Peak
Protection Area and would authorize the Secretary of
Agriculture to acquire nonfederal lands within that area.
Subject to valid existing rights, the bill would withdraw
federal lands within the proposed protection area from mining
and mineral and geothermal leasing and development, and would
prohibit timber harvesting within the area except under certain
circumstances. Finally, the bill would direct the Forest
Service to establish a new trailhead and related facilities
near the Fall River basin in Colorado, study the feasibility of
connecting two existing trails, and implement the results of
that study.
Based on information from the Forest Service, CBO estimates
that designating the wilderness and protection areas would not
significantly affect the agency's costs to manage those areas.
We estimate that acquiring nonfederal lands within the proposed
protection area would cost less than $200,000 in 2002, assuming
the availability of appropriated funds. We also estimate that
building the new trailhead and related facilities would cost
$300,000 over the next two years, and that completing the
trails feasibility study and implementing its recommendations
would cost about $100,000 in 2002.
Withdrawing lands within the proposed protection area from
mining and mineral and geothermal leasing and development and
prohibiting timber harvesting on those lands could reduce
offsetting receipts if, under current law, the lands are
expected to generate income from those activities. Based on
information from the Forest Service, we estimate that any such
forgone receipts would not exceed $15,000 a year.
The CBO staff contact for this estimate is Megan Carroll.
This estimate was approved by Peter H. Fontaine, Deputy
Assistant Director for Budget Analysis.
Compliance With Public Law 104-4
This bill contains no unfunded mandates.
Preemption of State, Local or Tribal Law
This bill is not intended to preempt any State, local or
tribal law.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (new matter is
printed in italic and existing law in which no change is
proposed is shown in roman):
SECTION 2 OF THE COLORADO WILDERNESS ACT OF 1993
SEC. 2. ADDITIONS TO THE WILDERNESS PRESERVATION SYSTEM.
(a) Additions.--The following lands in the State of Colorado
are hereby designated as wilderness and, therefore, as
components of the National Wilderness Preservation System:
(1) * * *
* * * * * * *
(21) Certain lands in the Arapaho/Roosevelt National
Forest which comprise approximately 14,000 acres, as
generally depicted on a map entitled ``Proposed James
Peak Wilderness'', dated September 2001, and which
shall be known as the James Peak Wilderness.
* * * * * * *
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SECTION 3 OF THE INDIAN PEAKS WILDERNESS AREA AND ARAPAHO NATIONAL
RECREATION AREA AND THE OREGON ISLANDS WILDERNESS AREA ACT
indian peaks wilderness area
Sec. 3(a) * * *
* * * * * * *
(c) The approximately 2,232 acres of Federal lands in the
Arapaho/Roosevelt National Forest generally depicted on the map
entitled ``Ranch Creek Addition to Indian Peaks Wilderness''
dated September 2001, are hereby added to the Indian Peaks
Wilderness Area.
(d) The approximately 963 acres of Federal lands in the
Arapaho/Roosevelt National Forest generally depicted on the map
entitled ``Fourth of July Addition to Indian Peaks Wilderness''
dated September 2001, are hereby added to the Indian Peaks
Wilderness Area.